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Institute of Earthquake Engineering and Engineering Seismology University "Ss. Cyril and Methodius", Skopje Republic of Macedonia Country: REPUBLIC OF MACEDONIA NATIONAL REPORTING AND INFORMATION ON DISASTER REDUCTION For the World Conference on Disaster Reduction Kobe-Hyogo, Japan, 18-22 January 2005 Prof. Dr. Zoran MILUTINOVIC Prof. Dr. Mihail GAREVSKI Head, Section for "Risk, Disaster Management and Director General Strategic Planning", RDM/IZIIS-Skopje Institute of Earthquake Engineering and Director, European Center on Vulnerability of Engineering Seismology, IZIIS-Skopje Industrial and Lifeline Systems, ECILS/IZIIS-Skopje University "Ss. Cyril and Methodius" 1 Contact Addresses: Prof. Dr. Mihail GAREVSKI Director General Institute of Earthquake Engineering and Engineering Seismology, IZIIS-Skopje University "Ss. Cyril and Methodius" 73, Salvador Aliende St., P.O. Box 101 Skopje 1000, Republic of Macedonia Tel: (+ 389 2) 317.61.55/317.70.15 Fax: (+ 389 2) 311.21.63 E-mail1: [email protected] Prof. Dr. Zoran MILUTINOVIC Head, Section for "Risk, Disaster Management and Strategic Planning", RDM/IZIIS-Skopje Director, European Center on Vulnerability of Industrial and Lifeline Systems, ECILS/IZIIS-Skopje 73, Salvador Aliende St., P.O. Box 101 Skopje 1000, Republic of Macedonia Tel: (+ 389 2) 317.61.55/317.70.15 Fax: (+ 389 2) 311.21.63 E-mail1: [email protected] E-mail2: [email protected] 2 Abbreviations Used and a General Note CP - Civil Protection SaR - Search and Rescue USaR - Urban Search and Rescue PUP - Physical (spatial) Plan [at national i.e. state level] GUP - General (Master) Urban Plan [at city/town level] DUP - Detail Urban Plan GDP - Gross Domestic Product RM - Republic of Macedonia, constituted on 17 September 1991 SRM - Socialist Republic of Macedonia, refer to the period before 17 September 1991, when Macedonia declared sovereignty and promoted the Constitution SFRY - Socialist Federative Republic of Yugoslavia Official Gazette of SFRY Federal Gazette, publishing legislation to be enforced on Federal level. Official Gazette of SRM Official Gazette of Socialist Republic of Macedonia, publishing legislation adopted on Republic level; could be more rigorous for the specificity of the region, but not below the standards set in Official Gazette of SFRY. Official Gazette of RM Official Gazette of Republic of Macedonia, publishing legislation since 17 September 1991. A number of laws still in use in Macedonia are from the Socialist period. The terminology used, referring to economic and administrative arrangement of the country [that time Socialist Republic of Macedonia (SRM), but as a Federal unit] and on the names and meaning of political and other political and citizen associations, nowadays is obsolete and not applicable to the new socio-political and economic reality. Formally speaking, they are not appropriate, and consequently the position of a number of professionals is that there is a legislation gap. However, the essence of these laws, irrespectively of the inappropriate terming of various economic, political or even administrative arrangements, is technically correct and well structured, so when necessary they are applied as they are. There is ongoing process of harmonization of the legislation of Macedonia with a new reality. To avoid the legislation gap, the legal basis of application of all laws from the Socialistic period that are not yet replaced by adequate ones, is assured by the “Constitutional Law for Implementation of the Constitution of Republic of Macedonia”, Official Gazette of RM No. 52/911. The Article 5 of this Constitutional Law states: ”the existing Federal legislation [of former SFR of Yugoslavia] is (should be) adopted as the Republic [Republic of Macedonia, RM], with responsibilities of authorities as defined by the Constitution of Macedonia”. 1 Original title: “Ustaven zakon za sproveduvanje na Ustavot na Republika Makedonija”, Sl. Vesnik na RM br. 52/91. 3 Component 1 Political Commitment and Institutional Aspects 1.1 Are there national policy, strategy and legislation addressing disaster risk reduction? <YES> National Concept for Security and Defense (Off. Gazette No. 40/03, June 23, 2003) Excerpts relevant to civil emergencies/disasters are presented in Annex 1.1: 1.2 Is there a national body for multi-sectoral coordination and collaboration in disaster risk reduction, which includes ministries in charge of water resource management, agriculture/land use and planning, health, environment, education, development planning and finance? <YES> As defined by the National Concept for Security and Defense (Off. Gazette No. 40/03, June 23, 2003): Section III. POLICY OF NATIONAL SECURITY, Ch. 3.Crisis Management In order to assure permanent consultations and decision making at highest level, maximal coordination, efficiency and adequate utilization of available capability and resources in the case of crisis and crisis situations, as well as in-time, qualitative and realistic assessment of dangers threats in RM against risks and threats, - the crisis management system shell be based on three pillars: Managing Committee [Board], Department for Assessment [estimation] and service [logistic] for supporting first and second pillar, i.e. a Center for Crisis Management (CCM). The Chairman of Managing Committee is the Prime Minister of RM, and the members are Ministers of Foreign Affaires, Defense, Internal Affairs, Transport and Communications, Health and authorized representative of the President of RM. Depending on the [scale of] crisis situation and of the type of the crisis, if needed, heads of other organs of National Government and Administration will be involved. Recommendations, proposals and decisions of Managing Committee are obligatory for all organs, organizations and institutions, in compliance with and within the frame of their mandate prescribed by Constitution, laws, and other legislation of Republic of Macedonia. 1.3 Are there sectoral plans or initiatives that incorporate risk reduction concepts into each respective development area (such as water resource management, poverty alleviation, climate change adaptation, education and development planning)? <YES> National development planning process sets the principal risk reduction [prevention and mitigation] strategy that must be implemented through the processes of: (1) physical and regional planning of the country; (2) general [master] and detail urban planning of settlements; and, (3) development of Urbanistic documentation for semi-rural and large rural settlements. Procedures and modes for elaboration and adoption of plans are prescribed and have been respected in all details over the last five decades. Since the July 26, 1963 earthquake, the consensus of Macedonian professional community is that “prevention starts with planning” and that failures made during the planning process are potential disaster environments. Since then, both planning lines: (1) spatial planning – configuring disaster-free 4 space of the country, and (2) urban planning – configuring disaster-free space of cities/towns, have consistently been implemented. Planning, as a process, in both cases, should define and propose solutions that protect population and planned development against any type of disaster agent affecting the territory. In fact it had to, and should "provide development that assures preventive protection of population, material property and of the entire living environment of Macedonia against all known natural or man-made disasters". To achieve these goals, planning is based on the implementation of standards and principles contained in abundant technical and other legislation that due its multi-disciplinary and multi-sectoral nature falls into agenda of many institutions. The most essential laws governing the planning process in this domain are the following: • “Law for protection and improvement of living environment”2, Official Gazette of RM Nos. 51/00 and 96/00; • “Low for Spatial and Urban Planning”, Official Gazette of RM No. 4/963, and Amendments Nos. 28/97 and 18/99. [Excerpt from this Law is presented in Annex 1.3] • “Law on Capital Investment Facilities” Official Gazette of RM Nos. 15/904and 11/91; • "Law on Waters”5, Official Gazette of RM Nos. 4/98 and 19/00; • "Law on protection against fires”6, Official Gazette of RM Nos. 43/86, 37/87, 51/88, 36/90 and 12/93; • “Law on protection against explosions”7, Official Gazette of RM No. 12/93; • ”Law on health care”8, Official Gazette of RM Nos. 38/91, 46/93, 55/95 and 17/97; • “Law on veterinary health”9, Official Gazette of RM No. 28/98; and, • “Law on protection of flora ”10, Official Gazette of RM No. 25/98 and 6/00. Each of the listed laws is accompanied by extensive complementary regulations and ordinances and may be considered as a sectoral plans that incorporate [define] risk reduction concepts into each respective development area. However, the "Law for Protection and improvement of living environment" and "Law for Spatial and Urban Planning" are providing general umbrella and integrating the disaster risk reduction efforts of Macedonia. Besides the other, the most essential article of the “Law for protection and improvement of living environment”, Official Gazette of RM No. 51/00 is Article 3 stating “the Republic participates in financing of the protection and improvement of living environment and the nature from the Budget of Republic of Macedonia”. It identifies the Government as a sponsor of all risk prevention and protection measures
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